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Occupier's Liability Act 1957
Occupier's Liability Act 1957
for the Occupiers’ Liability Act 1957. (See end of Document for details)
An Act to amend the law of England and Wales as to the liability of occupiers and others
for injury or damage resulting to persons or goods lawfully on any land or other property
from dangers due to the state of the property or to things done or omitted to be done
there, to make provision as to the operation in relation to the Crown of laws made by
the Parliament of Northern Ireland for similar purposes or otherwise amending the law
of tort, and for purposes connected therewith. [6th June 1957]
Extent Information
E1 For the extent of this Act see s. 8(2)
Liability in tort
1 Preliminary
(1) The rules enacted by the two next following sections shall have effect, in place of the
rules of the common law, to regulate the duty which an occupier of premises owes to
his visitors in respect of dangers due to the state of the premises or to things done or
omitted to be done on them.
(2) The rules so enacted shall regulate the nature of the duty imposed by law in
consequence of a person’s occupation or control of premises and of any invitation
or permission he gives (or is to be treated as giving) to another to enter or use the
premises, but they shall not alter the rules of the common law as to the persons on
whom a duty is so imposed or to whom it is owed; and accordingly for the purpose of
the rules so enacted the persons who are to be treated as an occupier and as his visitors
are the same (subject to subsection (4) of this section) as the persons who would at
common law be treated as an occupier and as his invitees or licensees.
2 Occupiers’ Liability Act 1957 (c. 31)
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Changes to legislation: There are currently no known outstanding effects
for the Occupiers’ Liability Act 1957. (See end of Document for details)
(3) The rules so enacted in relation to an occupier of premises and his visitors shall also
apply, in like manner and to the like extent as the principles applicable at common law
to an occupier of premises and his invitees or licensees would apply, to regulate—
(a) the obligations of a person occupying or having control over any fixed or
moveable structure, including any vessel, vehicle or aircraft; and
(b) the obligations of a person occupying or having control over any premises or
structure in respect of damage to property, including the property of persons
who are not themselves his visitors.
[F1(4) A person entering any premises in exercise of rights conferred by virtue of—
(a) section 2(1) of the Countryside and Rights of Way Act 2000, or
(b) an access agreement or order under the National Parks and Access to the
Countryside Act 1949,
is not, for the purposes of this Act, a visitor of the occupier of the premises.]
Textual Amendments
F1 S. 1(4) substituted (19.9.2004 for E., 28.5.2005 for W.) by Countryside and Rights of Way Act 2000
(c. 37), ss. 13(1), 103(3) (with s. 43); S.I. 2004/2173, art. 2(1)(c); S.I. 2005/423, art. 2(c)
(5) The common duty of care does not impose on an occupier any obligation to a visitor
in respect of risks willingly accepted as his by the visitor (the question whether a risk
was so accepted to be decided on the same principles as in other cases in which one
person owes a duty of care to another).
(6) For the purposes of this section, persons who enter premises for any purpose in the
exercise of a right conferred by law are to be treated as permitted by the occupier to
be there for that purpose, whether they in fact have his permission or not.
4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
Textual Amendments
F2 s. 4 repealed by Defective Premises Act 1972 (c. 35),s. 6(4)
4 Occupiers’ Liability Act 1957 (c. 31)
Document Generated: 2022-08-21
Changes to legislation: There are currently no known outstanding effects
for the Occupiers’ Liability Act 1957. (See end of Document for details)
Liability in contract
General
6 Application to Crown.
This Act shall bind the Crown, but as regards the Crown’s liability in tort shall not bind
the Crown further than the Crown is made liable in tort by the M1Crown Proceedings
Act 1947, and that Act and in particular section two of it shall apply in relation to
duties under sections two to four of this Act as statutory duties.
Marginal Citations
M1 1947 c. 44.
Marginal Citations
M2 1920 c. 67.
M3 1947 c. 44.
Occupiers’ Liability Act 1957 (c. 31) 5
Document Generated: 2022-08-21
Changes to legislation: There are currently no known outstanding effects
for the Occupiers’ Liability Act 1957. (See end of Document for details)
Changes to legislation:
There are currently no known outstanding effects for the Occupiers’ Liability Act 1957.